A person who allegedly murdered his son killed the two-year-old out of spite in direction of his ex-partner, a courtroom has heard.
Prosecutors stated Lukasz Czapla's fury in direction of his former companion Patrycja Szczesniak is what motivated him to kill their son Julius at his Edinburgh residence in November 2020.
The 41-year-old former IT technician is on trial accused of murdering the toddler, who was shot within the head with a BB gun, stabbed with a skewer-like instrument and smothered with a pillow.
Czapla has beforehand supplied to plead responsible to culpable murder, however this has been rejected by the Crown.
At a listening to on the Excessive Court docket in Edinburgh on Tuesday, Alan Cameron, prosecuting, instructed a 15-strong jury that the accused was "motivated with anger in direction of Patrycja when he killed his son".
After referencing particulars of how Julius was killed, and a dialog between Czapla and a good friend the place the dad stated he would "kill" or "smash" his son, Mr Cameron stated to the jury: "You need to be in little question to convict him of the crime of homicide primarily based on that proof."
He then re-read a transcript from a cellphone name between the accused and pal Wojciech Marchlewski which came about a number of weeks after the alleged homicide.
It included feedback resembling: "I began speaking to myself that she was so f****** annoying... for f***'s sake I'm so f****** pissed off... the best way she ignores me, it actually angers me... I used to be completely rageous about her, how might she ignore me?"
Earlier, the courtroom noticed textual content messages between the 2 mother and father hours earlier than Julius was killed the place Ms Szczesniak had talked about a brand new companion.
When requested by Czapla for extra particulars about him, she declined to remark additional.
Messages have been then despatched from the accused to Ms Szczesniak that contained sexual content material, which she didn't reply to.
A ultimate message Czapla despatched to her earlier than he killed their son included: "You are elevating him with one other man, quickly sufficient I am going to should pay alimony."
Mr Cameron additionally referenced earlier proof that heard Czapla was paranoid about his former companion being untrue firstly phases of their seven-year relationship, which the accused stated has been exaggerated.
The courtroom had beforehand heard proof from three psychiatrists who assessed Czapla's psychological situation.
Dr Deborah Mountain, who interviewed him hours after Julius was killed, stated the accused confirmed no indicators of psychological sickness.
Senior marketing consultant psychiatrists Dr Alexander Quinn and Dr Khuram Khan, who assessed Czapla a number of instances, clashed over some diagnoses, however each agreed the accused had despair, although not severely.
Addressing the jury, Mr Cameron stated members are required to determine whether or not or not Czapla was affected by "diminished duty" on the time of Julius's loss of life, which might scale back the offence from homicide to culpable murder.
He defined this meant that Czapla needed to have been "affected by an abnormality of thoughts that considerably impaired his potential to manage his conduct on the time of the crime".
Proof has proven the accused had consumed alcohol and brought anti-depressant treatment the evening he killed his son.
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Voluntary intoxication can not quantity to diminished duty, the courtroom heard.
Nevertheless, if somebody is intoxicated, and so they have some kind of psychological dysfunction that ought to inhibit their potential to manage their conduct, then it may well apply.
Mr Cameron instructed the jury: "The accused voluntarily consumed alcohol and medicines.
"His impulse was lowered and he acted on his feelings and killed his son to get again at her (Ms Szczesniak).
"Melancholy performed a minor function, and positively did not considerably impair his potential to manage his conduct. Alcohol and medicines did this."
He added: "He was livid together with his ex-partner... in a match of anger and spite he killed his son to harm his former companion."
Mr Cameron closed his speech saying "diminished duty has not been proved".
Iain McSporran QC, defending, learn out an opinion given by Dr Quinn after he interviewed the accused for a 3rd time in July 2021, throughout which Czapla gave a "harrowing" account of how he killed his son.
Dr Quinn's evaluation, which was learn out in courtroom, stated: "It will seem that Mr Czapla's depressive sickness had a considerable function to play within the occasions which led to the killing of his son.
"It's my opinion that his depressive sickness would have led to a considerable impairment in Mr Czapla's potential to manage his conduct."
Mr McSporran instructed the jury: "The phrases utilized by Dr Quinn, engaged by prosecution, helps the skilled knowledgeable opinion that the situations for diminished duty have been met."
He added: "Lukasz Czapla cherished his son Julius, he was a caring, loving father - if something, he was over-protective.
"I'd say the killing of Julius is solely inconceivable, it goes towards nature, it is completely incomprehensible, but it may be understood. Not excused, however understood.
"This loving father killed his son as a result of his depressive sickness had a considerable function that led to the killing.
"His depressive sickness had considerably impaired his potential to manage his conduct."
Czapla has pleaded responsible to 9 different expenses which embrace harmful driving, drug possession and having an air weapon.
All proof, earlier than Lord Beckett, has concluded.
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